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S.T. No:152/2015

Case between Chandran vs Sasikala regarding cheque dishonor

Court
Court of Judicial First Class Magistrate-II, Tirur
Judge
Smt. Vincy T.V.
Order Date
2017-02-25
Duration
Approximately 3 years
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Case Summary

Complaint by Chandran against Sasikala for dishonoring a cheque issued towards repayment of a loan, resulting in an offence under Section 138 of the Negotiable Instruments Act.

Judgment Outcome

Defendant Won
Interim Order
Accused acquitted under Section 138 of the Negotiable Instruments Act due to lack of evidence proving the issuance of the cheque for consideration and the discharge of liability.
Judgment Favored
Defendant
Relief Granted
Acquittal
Case Type
Criminal Case - Section 138 of N.I. Act
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

Exhibit P2, the dishonour memo from State bank of India Valanchery Branch shows that Exhibit P1 cheque was returned dishonoured due to insufficiency of funds in the account of the accused. The complainant has issued statutory notice to the accused demanding cheque amount and the notice was received by the accused evidenced by Exhibits P3 to P5. Admittedly, the accused has not paid the cheque amount after notice. But in view of the finding on point No.1, the accused cannot be held liable for the offence u/s 138 of The Negotiable Instruments Act. Therefore, I find the accused not guilty for the said offence.

Parties Involved

Plaintiffs

Chandran (57 years) Panikath Rayiramellor Amsom, Edappal Desom, Naduvattom Pin. 679308

Defendants

Sasikala. A (40 years) Thanikavil veedu, P.O Kurumbathoor (via), Thirunavaya Pin. 676301, Malappuram Dt.

Reliefs

Relief Type: Acquittal
Outcome: Granted
Description:
Accused acquitted under Section 138 of the Negotiable Instruments Act
Evidence:
Exhibit P2, the dishonour memo from State bank of India Valanchery Branch shows that Exhibit P1 cheque was returned dishonoured due to insufficiency of funds in the account of the accused. The complainant has issued statutory notice to the accused demanding cheque amount and the notice was received by the accused evidenced by Exhibits P3 to P5. Admittedly, the accused has not paid the cheque amount after notice. But in view of the finding on point No.1, the accused cannot be held liable for the offence u/s 138 of The Negotiable Instruments Act. Therefore, I find the accused not guilty for the said offence.

Documents & Evidence

Document Type: Cheque
Submitted By: Complainant
Relevance:
Issued by the accused towards repayment of the loan
Reference:
Ext.P1
Document Type: Return Memo
Submitted By: Complainant
Relevance:
Shows dishonour of Ext.P1 cheque due to insufficiency of funds
Reference:
Ext.P2
Document Type: Legal Notice
Submitted By: Complainant
Relevance:
Issued demanding cheque amount
Reference:
Ext.P3
Document Type: Postal receipt
Submitted By: Complainant
Relevance:
Related to the legal notice sent
Reference:
Ext.P4
Document Type: Acknowledgement Card
Submitted By: Complainant
Relevance:
Acknowledging receipt of legal notice
Reference:
Ext.P5

Quick Facts

Location
Tirur
Case Filed
Sun, 05/25/2014 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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